AOS
Sep 20th 2021, 10:08 pm
#1
Just Joined
Thread Starter
Joined: Mar 2021
Posts: 11
AOS
after entry on ESTA earlier this month. Married earlier this year. Return ticket. No intention of AOS until a couple days ago. Can someone shed some light please? I'm a bit confused by the threads here, do I file I-485 and supporting forms immediately or wait till my 90 days is up?
Appreciate any advice anyone can give.
Appreciate any advice anyone can give.
Sep 20th 2021, 11:03 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AOS
It doesn't really matter when you file everything, but I would say it's much better to file and have the receipt in hand before your 90 days is up... that way you have legal permission to be in the USA.
Rene
Rene
Sep 21st 2021, 3:27 pm
#7
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: AOS
While having 'no intention' of doing AOS, the fact that you were entering the US to visit your husband (you married earlier this year) must have raised the possibility that you would not want to return to home country and AOS could be on the cards.
In earlier posts you had mentioned having to do the CR-1 visa......
In earlier posts you had mentioned having to do the CR-1 visa......
Sep 21st 2021, 10:43 pm
#8
Concierge
Joined: Apr 2001
Posts: 46,388
Re: AOS
You will be filing the I-485 but your husband will have to filed at the same with your petition, the I-130.
You cannot adjust status without having an approved I-130 unless you entered with a K-1 Fiancee Visa, which you did not.
Don't forget to file at the same all the other forms you need to submit, i.e. I-764, I-131, etc.
You cannot adjust status without having an approved I-130 unless you entered with a K-1 Fiancee Visa, which you did not.
Don't forget to file at the same all the other forms you need to submit, i.e. I-764, I-131, etc.
Sep 22nd 2021, 1:31 am
#10
Just Joined
Thread Starter
Joined: Mar 2021
Posts: 11
Re: AOS
While having 'no intention' of doing AOS, the fact that you were entering the US to visit your husband (you married earlier this year) must have raised the possibility that you would not want to return to home country and AOS could be on the cards.
In earlier posts you had mentioned having to do the CR-1 visa......
In earlier posts you had mentioned having to do the CR-1 visa......
Sep 22nd 2021, 12:49 pm
#11
Concierge
Joined: Apr 2001
Posts: 46,388
Re: AOS
Be that as it may, it will be sorted out by USCIS when you and he attend the interview for your AOS in the future. The intent to defraud is a serious charge and would mean, if found that you entered with the purpose of remaining to adjust status, a denial of your AOS and other ramifications.
Sep 22nd 2021, 2:34 pm
#13
Just Joined
Thread Starter
Joined: Mar 2021
Posts: 11
Re: AOS
Be that as it may, it will be sorted out by USCIS when you and he attend the interview for your AOS in the future. The intent to defraud is a serious charge and would mean, if found that you entered with the purpose of remaining to adjust status, a denial of your AOS and other ramifications.
Sep 22nd 2021, 9:38 pm
#15
Concierge
Joined: Apr 2001
Posts: 46,388
Re: AOS
It can be questioned by the interviewing officer. I know of one case where it occurred. While it was many years ago, the couple in question showed evidence of a wedding with many foreign guests, etc. AOS was denied and the new hubby had to leave the US. [Vague info given as to not forewarn others what to look out for.]